Serious Constitutional Questions that subsequently arise from the Advisory of the Chief Justice.

In an unprecedented move, the CJ has today advised the President to dissolve @NAssemblyKE in accordance with Art. 261(7) of the Constitution, allegedly for failure to enact legislation required under Art. 27(3) and (8), 81(b) and 100 of the Constitution on the 2/3 gender rule.

Article 261(7) of the Constitution provides that the Chief Justice shall advise the President to dissolve Parliament and the President shall dissolve Parliament.

Whereas there are no timelines prescribed in the Constitution within which the President is required to act, the decision of Chief Justice has thrown in the follow weighty Constitutional Questions: -

(A)Does the Constitution envisage another form of election other than a general election held on the second Tuesday in August of every fifth year as envisaged under Article 101 of the Constitution?

(B)Does Article 136 of the Constitution apply noting the election of the President shall be on the same day as a general election of Members of Parliament? Does the dissolution of Parliament therefore trigger the election of a President?

(C)Does Article 177 of the Constitution apply noting the election of the Members of a County Assembly shall be on the same day as a general election of Members of Parliament? Does the dissolution of Parliament also therefore  trigger the election of Members of a County Assembly?

(D)Does Article 180 of the Constitution apply noting the election of a County Governor shall be on the same day as a general election of Members of Parliament? Does the dissolution of Parliament therefore trigger the election of County Governors?

(E)What happens to the revenue allocation process that is yet to be concluded by Parliament if it is dissolved?

(F)Who would allocate funds to IEBC to conduct the elections following the dissolution of Parliament?

(G)Can the will of the People to elect their representatives democratically under Article 1 of the Constitution be negated by a stroke of the pen of the CJ?

(H)Who would pass any election related laws required to be put in place following the dissolution of Parliament?

(I)Does the advice of the Chief Justice cast doubt on the validity of the decisions and proceedings of Parliament moving forward?

In view of the foregoing, it is clear there are issues ensuing from the advisory of the Chief Justice, any person may move to the High Court for interpretation, to avert a constitutional crisis.

The Hon. Aden B. Duale, EGH, MP.